Kerala High Court
Kerala Private Medical College ... vs State Of Kerala on 21 October, 2025
Author: V.G.Arun
Bench: V.G.Arun
WP(C).Nos.36668/25
& 36729/25
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947
WP(C) NO. 36668 OF 2025
PETITIONER:
FARHA FATHIMA S
AGED 19 YEARS
D/O ABDUL RAHIM, BAITHULNOOR, KARUKONAM,
POTHENCODE P.O., VEMBAYAM VILLAGE, IROOPARA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695584
BY ADVS.
SRI.JESTIN MATHEW
SMT.KRISHNA PRABHA
SHRI.JOSHY RAJ R.R.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH
AND FAMILY WELFARE, NIRMAN BHAVAN,
NEW DELHI, PIN - 110077
WP(C).Nos.36668/25
& 36729/25
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2 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, HEALTH & FAMILY WELFARE,
GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM,
PIN - 695001
3 COMMISSIONER FOR ENTRANCE EXAMINATIONS (CEE)
OFFICE OF THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS,7TH FLOOR,
KSRTC BUS TERMINAL COMPLEX, THAMBANOOR,
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
SMT.M.SHAJNA, CGC
GOVERNMENT PLEADER
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2025, ALONG WITH WP(C).36729/2025, THE
COURT ON 21.10.2025 DELIVERED THE FOLLOWING:
WP(C).Nos.36668/25
& 36729/25
3
2025:KER:77969
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947
WP(C) NO. 36729 OF 2025
PETITIONERS:
1 KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT
ASSOCIATION,
MALABAR MEDICAL COLLEGE CAMPUS,
MODAKKALLURP.O,ATHOLI, CALICUT REPRESENTED BY ITS
SECRETARY. REG:-ER188/07., PIN - 673315
2 THE PRINCIPAL
KERALA MEDICAL COLLEGE, MANGODE, CHERPULASSERY,
PALAKKAD, PIN - 679503
BY ADVS.
SRI.P.M.SANEER
SHRI.TONY GEORGE KANNANTHANAM
RESPONDENTS:
WP(C).Nos.36668/25
& 36729/25
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1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HEALTH & FAMILY WELFARE DEPARTMENT GOVT.
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE COMMISSIONER FOR ENTRANCE EXAMINATION
HOUSING BOARD BUILDING,
SANTHI NAGAR, THIRUVANANTHAPURAM,
PIN - 695011
3 UNION OF INDIA
REPRESENTED BY THE OFFICE OF MCC,
DIRECTOR GENERAL OF HEALTH SERVICES,
NIRMAN BHAVAN, NEW DELHI, PIN - 110108
BY ADVS.
GOVERNMENT PLEADER
SHRI.RENJISH S. MENON, CGC
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2025, ALONG WITH WP(C).36668/2025, THE
COURT ON 21.10.2025 DELIVERED THE FOLLOWING:
WP(C).Nos.36668/25
& 36729/25
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V.G.ARUN, J
= = = = = = = = = = = = = = = = =
W.P.(C).Nos.36668 and 36729 of 2025
= = = = = = = = = = = = = = = = = =
Dated this the 21st day of October, 2025
JUDGMENT
The 1st petitioner in W.P.(C).No.36729 of 2025 is the
registered Association of the Managements of Private Medical
Colleges in the State and the 2 nd petitioner is the Principal of
one of the member colleges of the 1 st petitioner Association.
The petitioner in W.P.(C).No.36668 of 2025 is a candidate who
has been duly qualified in the National Eligibility cum Entrance
Test (NEET-UG 2025). Though she had submitted her
application for admission to the MBBS course in Kerala, the
petitioner was not successful in securing admission even in the
second round of allotment. The petitioners are seeking a
direction to the Commissioner for Entrance Examinations to
call for fresh options for admission in the NRI quota before the
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third allotment, by opening the web portal and permitting
submission of online applications.
The time-lines, essential for deciding the lis, are as under;
Invitation of online applications for admission to the Kerala
Architecture/Engineering/Pharmacy/Medical & Medical Allied
Courses---20.02.2025
Last date for submission of applications---10.03.2025.
Last date for uploading supporting documents---15.03.2025.
Date of publication of KEAM results---14.06.2025.
Time for category submission including NRI claim---
18.06.2025 to 23.06.2025.
NRI defect clearance notifications- 10.07.2025, 16.07.2025,
23.07.2025.
Notification of NRI fee details---30.07.2025.
Publication of Provisional NRI category list--31.07.2025
Publication of Final NRI category list---04.08.2025.
2. The claim for opening web portal to make provision for
submission of fresh applications to the NRI quota arose
pursuant to the publication of notification dated 24.09.2025 by
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the Government of Kerala, approving the seat matrix for
admission to MBBS course for the academic year 2025-2026,
whereby the number of seats in six Self Financing medical
colleges were increased and 150 seats of the 2 nd petitioner in
W.P.(C).No.36729/2025, a newly approved medical college,
sanctioned.
3. Heard, Senior Advocate Kurian George Kannanthanam
and Adv.Jestin Mathew for the petitioners, Senior Government
Pleader P.G.Pramod and M.Shajna, the Central Government
Counsel for the respondents.
4. Learned Senior Counsel for the petitioner in W.P.
(C).No.36729 of 2025 in put forth the following arguments in
support of the prayer for submitting fresh applications/ exercise
of fresh options for admission in the NRI quota seats;
By issuance of the notification dated 24.09.2025
approving the seat matrix of seven self financing colleges, a
total of 500 additional seats has come into the allotment pool.
15% of the additional allotment, which is to be set apart for
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NRIs, comes to around 82/83 seats. From the original NRI list
published by the Commissioner for Entrance Examinations, out
of 864, candidate upto Sl.No.863 has joined. As such no more
seats are available in the NRI quota and hence the benefit of
enhancement of seats in the NRI quota is denied to the aspiring
candidates. This anomaly can be prevented by permitting the
existing applicants to exercise option for admission to the NRI
quota and to submit supporting documents. The process of
allotment will not be affected in any manner by adopting such
procedure. In fact even the Medical Counselling Committee
(MCC) has permitted to exercise the option and submit
supporting documents during the allotment process itself. By
denying such opportunity, the Government is trying to convert
the NRI seats to merit seats, resulting in financial loss to the
Managements.
5. Learned counsel for the petitioner in W.P.(C).No.36668
of 2025 submitted that his client had not applied for admission
in the NRI quota since she was hopeful of securing admission in
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the merit quota itself. Upon completion of the second round of
allotment, it was evident that she will not get admission in the
merit quota. The notification enhancing seats in certain
colleges was published at that stage. The last candidate who
secured admission in the original NRI quota is having much
lesser marks than the petitioner and hence, given an
opportunity to submit fresh application or to exercise fresh
option with supporting documents to the NRI quota, the
petitioner will definitely get admission this year. The MCC is
permitting new registration at each stage of the allotment
process, including to the NRI quota. As such, the Commissioner
for Entrance Examinations is also bound to follow the same
procedure.
6. The learned Government Pleader made the following
submissions in reply to the arguments;
As per the MCC schedule, the third round activities have
commenced on 06.10.2025. If the prayers in the writ petitions
are allowed, it will be impossible to complete the process of
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collection/submission of the entire set of documents, followed
by scrutiny, defect clearance, re-scrutiny, provisional list
preparation/receiving complaints and final list preparation
within the short span of time available. The opening of portal
for fresh NRI claims at this stage will hamper the entire
process of allotment and lead to violation of MCC schedule. The
total number of NRI candidates originally was 949, being
double the 476 NRI seats. In the second round of allotment,
476 NRI seats were allotted, out of which 25 candidates did not
join. As such 25 seats are available in the NRI quota at
present. Those candidates who are already included in the NRI
category can make options for the newly established
institutions during the third round allotment. If any of the NRI
seats are not allotted during the 3 rd round, the same will be
converted as per KEAM 2025 Prospectus clause 5.5.10. The
NRI seats which are not opted by NRI candidates at the stage
of 3rd round of allotment will be converted and allotted to
general candidates. As per KEAM Prospectus clause 5.5.10,
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the conversion of un-allotted minority and NRI quota seats in
self-financing colleges for MBBS/BDS courses will be carried
out in accordance with G.O (Rt)No.1517/2022/ H&FWD, dated
25.06.2022. It is contended that the fixation of time schedule
in admission is a policy matter and identical prayers have been
withheld by this Court on earlier occasions.
7. Before proceeding to consider the contentions, I have to
take note of the judgment dated 21.07.2025 of this Court in W.P.
(C).No.26554 of 2025, whereby the prayer for extending the
time for uploading documents by persons claiming NRI seats
was declined relying on the Division Bench judgment in W.P.
(C).No.22587 of 2020, wherein it was categorically held that
fixation of time for the purpose of submission of applications
are policy matters which have to be considered by the
Government and it is not for the Court to meddle with such
fixation of time as there might be several candidates who aspire
to submit their applications after the cut off date.
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8. In the case at hand, the contention is that by
enhancement of seats in certain colleges, there has been
consequent increase in NRI seats and in the said background,
opportunity ought to be granted to exercise option for
admission to those vacancies. The contention is sought to be
supported by the fact that almost all the NRI seats from the
original list having been filled up, the vacancies will have to be
converted to general seats thereby denying opportunity to
aspirants like the petitioner in W.P.(C).No.36668 of 2025.
9. This Court of the opinion that, by the enhancement of
seats no right is being created for persons who had not applied
for admission in the NRI quota originally. Likewise, the
institutions also do not have any vested right to get the NRI
seats filled up by allowing candidates to exercise fresh option.
From the submissions of the Government Pleader, it is apparent
that the 25 seats in the original NRI list are lying vacant due to
non-joining of candidates. As such, the candidates who have
originally applied for admission in the NRI quota have a chance
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of being allotted to those vacant seats. If the NRI seats are not
filled up after the third round of allotment, they will get
converted to general seats. The clause in the prospectus
providing for such conversion is agreed to by the Managements
also. As far as the petitioner in W.P.(C).No.36668 of 2025 is
concerned, it is just a case of wisdom dawned late. Therefore, I
find no legal right vested with the petitioners to demand
opening of the portal for submission of options by reason of
increase in the number of NRI seats. Moreover, any
interference at this stage will upset the allotment schedule
already fixed.
For the aforementioned reasons, the Writ Petitions are
dismissed.
Sd/-
V.G.ARUN, JUDGE
sj
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APPENDIX OF WP(C) 36668/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NEET SCORE CARD OF
THE PETITIONER, DATED 05/08/2025,
ISSUED BY THE DIRECTOR (EXAMS) NTA,
DEPARTMENT OF HIGHER EDUCATION,
MINISTRY OF EDUCATION, GOVERNMENT OF
INDIA
Exhibit P2 A TRUE COPY OF THE NEET (UG 2025)
RESULT SUBMITTED BY THE PETITIONER TO
THE 3RD RESPONDENT
Exhibit P3 A TRUE COPY OF THE AFFIDAVIT SWORN
DATED 01/10/2025 BY THE PETITIONER'S
FATHER'S BROTHER FOR NRI SPONSORSHIP
Exhibit P4 A TRUE COPY OF THE PROSPECTUS ISSUED BY
THE 3RD RESPONDENT, DATED NIL
Exhibit P5 A TRUE COPY OF THE GO (RT)NO.1517/2022/
H&FWD, DATED. 25.06.2022
Exhibit P6 A TRUE COPY OF THE GO(RT)
NO.2930/2025/H&FWD, DATED 24/09/2025
Exhibit P7 A TRUE COPY OF THE REQUEST DATED
4.10.2025 SUBMITTED BY THE PETITIONER
TO THE 3RD RESPONDENT
Exhibit P8 A TRUE COPY OF THE NOTIFICATION DATED
20/02/2025 ISSUED BY THE 3RD RESPONDENT
Exhibit P9 A TRUE COPY OF THE NOTIFICATION DATED
18/06/2025 ISSUED BY THE 3RD RESPONDENT
Exhibit P10 A TRUE COPY OF THE NOTICE DATED
02/08/2025 ISSUED BY THE MEDICAL
COUNCILLING COMMITTEE (MCC), GOVERNMENT
OF INDIA, DIRECTORATE GENERAL OF HEALTH
SERVICES
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Exhibit P11 A TRUE COPY OF THE NRI LIST FOR
ADMISSION TO MEDICAL COURSES 2025-2026
FOR MBBS
Exhibit P12 A TRUE COPY OF THE 2ND PHASE ALLOTMENT
LIST OF ALLOTMENT TO MBBS COURSES
OBTAINED BY THE PETITIONER
Exhibit P13 A TRUE COPY OF THE RELEVANT PORTION
KERALA STATE MEDICAL RANKLIST BASED ON
NEET UG 2025 RANK
Exhibit P14 A TRUE COPY OF THE PRINTOUT DATED NIL
OBTAINED FROM THE WEBSITE OF THE MCC
Exhibit P15 A TRUE COPY OF THE NOTICE DATED
26/09/2025 ISSUED BY THE MEDICAL
COUNCILLING COMMITTEE (MCC), GOVERNMENT
OF INDIA, DIRECTORATE GENERAL OF HEALTH
SERVICES
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APPENDIX OF WP(C) 36729/2025
PETITIONER EXHIBITS
Exhibit.P1 TRUE COPY OF THE LIST OF MEMBERS OF THE
MEDICAL COLLEGE
Exhibit.P2 TRUE COPY OF THE NOTIFICATION APPENDED
ALONG WITH THE PROSPECTUS
Exhibit.P3 TRUE COPY OF THE G.O.(RT) 650/2025/H &
FWD DATED 5-3-2025 ISSUED BY THE 1ST
RESPONDENT
Exhibit.P4 TRUE COPY OF THE NOTIFICATION DATED 18-
6-2025 ISSUED BY THE 2ND RESPONDENT
Exhibit.P5 TRUE COPY OF THE NOTIFICATION DATED 16-
7-2025 ISSUED BY THE 2NDRESPONDENT
DATED 16-7-2025
Exhibit.P6 TRUE COPY OF THE JUDGMENT DTD 21/7/2025
IN WPC NO 26562/2025 OF THIS HONOURABLE
COURT
Exhibit.P7 TRUE COPY OF THE NOTIFICATION DATED 30-
7-2025 KEAM 2025 ADMISSIONS TO MBBS &
BDS COURSE, 2025
Exhibit.P8 TRUE COPY OF THE NOTIFICATION KEAM 2025
ADMISSIONS TO MBBS & BDS COURSE S 2025
DTD 9/8/2025 ISSUED BY THE 2ND
RESPONDENT
Exhibit.P9 TRUE COPY OF THE NOTIFICATION DTD
15/9/2025 ISSUED BY THE 2ND RESPONDENT
Exhibit.P10 TRUE COPY OF THE NOTIFICATION DTD
25/9/2025 ISSUED BY THE GOVERNMENT
Exhibit.P11 TRUE COPY OF THE GOVERNMENT ORDER DTD
24/9/2025 ISSUED BY THE 1ST RESPONDENT
Exhibit.P12 TRUE COPY OF THE NRI LIST PREPARED BY
THE 2ND RESPONDENT
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Exhibit.P13 TRUE COPY OF THE REPRESENTATION DATED
29-9-2025 TO THE 2ND RESPONDENT
Exhibit .P14 TRUE COPY OF THE NOTICE DTD 26/9/2025
ISSUED BY THE 3RD RESPONDENT
Exhibit.P15 TRUE COPY OF THE GOVERNMENT ORDER DTD
25/6/2022 ISSUED BY THE 1ST RESPONDENT
Exhibit.P16 TRUE COPY OF THE NEET UG SCHEDULE 2025
